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Broadband revolutionises legal practice

It seems the Australian government has set a precedent for the British legal system to follow.

A court Down Under has legally approved the use of broadband social networking site Facebook to notify a couple they have lost their home after defaulting on a loan.

The formal broadband notification came after Australian Capital Territory Supreme Court approved an application to use broadband networking site, Facebook, to serve the legally-binding documents.

The novel action via broadband followed several failed attempts to contact the couple at their house and by email.

Mark McCormack, lawyer to the lender, said by the time he got the documents approved by the court yesterday for transmission, Facebook broadband profiles for the couple had disappeared from public view. The broadband page was reportedly either closed or secured for privacy, following publicity about the court order.

"It's somewhat novel, however, we do see it as a valid method of bringing the matter to the attention of the defendant," Mr McCormack said.

In this instance, the woman’s broadband page on Facebook was traced through personal details she provided to the lender. The man was listed on her broadband page as a friend. Facebook offers varying security settings, and it would appear neither of the two parties involved had denied strangers access to their facebook pages.

Contacting the couple in question via broadband proves that all reasonable steps have been taken to serve the couple. A court is expected to conclude the matter next week.

17/12/2008
Author: CompareBroadbandUK staff writer

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